Lindsay Lohan loses appeal against GTA 5 makers using her “likeness”

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Lindsay Lohan’s attempt to sue the makers of Grand Theft Auto 5 for a character seemingly parodying her has been squashed at the state level.

On Thursday, six judges at New York’s Court of Appeals unanimously shot down her privacy lawsuit against Take-Two Interactive, ruling instead that the character which offended Lohan was not a portrait of the actress, but merely had the “indistinct, satirical representations of the style, look and persona of a modern, beach-going young woman.”

Lohan filed her lawsuit against Rockstar Games (owned by Take-Two) originally in 2014, shortly after the game was released, and withstood the company’s motion for dismissal in 2016. The Grand Theft Auto 5 character in question is named Lacey Jonas. She appears in a small section of the game called “Escape Paparazzi,” and is introduced as a celebrity who quickly rose to fame before becoming a tabloid media sensation.

Lohan claimed that the character was unlawfully based on her likeness, specifying that Jonas’ voice and clothes were deliberately similar, and was promoted as such without her consent. Take-Two initially responded in 2014 by calling her filing a “publicity stunt.” While the Court of Appeals agreed with Lohan that a game character could constitute a “portrait,” it was agreed that this was not the case in this scenario. According to Polygon, the ruling actually has significant implications: “It establishes, at least in New York’s jurisdiction, that video game avatars are a likeness equivalent to photographs, films or other depictions under the law.”

Polygon adds that Lohan could take her case to the U.S. Supreme Court if she isn’t done fighting just yet.



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Related Forum: Grand Theft Auto Forum

Source: https://www.vg247.com/2018/03/29/lindsay-lohan-vs-gta-5-appeal-lost/

Comments

"Lindsay Lohan loses appeal against GTA 5 makers using her “likeness”" :: Login/Create an Account :: 15 comments

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TOXICPosted:

Not gonna lie, shes hot asf lmao.

MazePosted:

No matter how close it is to a picture of her, a blonde in a bikini isn't something you can sue over. Glad she lost.

MikePosted:

old new's haha no way she will win!

WLRPosted:

She should've known she was gonna catch a L

Flat_Earth_SocietyPosted:

Wow heard this back when the game came out, only took 4 years lol

JPBPosted:

Nothing like her. After some attention now. ****.

MrMw209Posted:

I think shes just after the big bucks $$$$

DecyPosted:

LGW
Rui
WW2 Now, that's funny to me. She needs to calm down because we all know that it wasn't based off of her.


Actually you're wrong, it was based of her but in rockstars defence the image could be of anyone as a game company they're defending their team. The girl in question on the loading screen is actually a mix of 2 wemon one supposedly Lindsay Lohan


Cute how you have inside intel


Its all on google ;)


Surprised to see that this is still even going... I thought surely lindsay would have gave up by now lol.

HobsPosted:

As if she tried to battle them

322Posted:

LGW
Rui
WW2 Now, that's funny to me. She needs to calm down because we all know that it wasn't based off of her.


Actually you're wrong, it was based of her but in rockstars defence the image could be of anyone as a game company they're defending their team. The girl in question on the loading screen is actually a mix of 2 wemon one supposedly Lindsay Lohan


Cute how you have inside intel


its actually modeled after Shelby Welinder who was paid by rockstar to model for it. So yea, if it were modeled after lindsay lohan like that person suggests do you really think she would have lost the case? why spread complete misinformation when you don't have a clue what your talking about?